Terms of Service

Last Updated September, 2018

Henry Ford Health System (“Your Pharmacy”) provides you with prescription management services through a solution that may include some or all of the following: SMS (text) messages, a downloadable application (the “App”), and a web module (collectively, the “Service”). By downloading the App, providing your cellular telephone number, creating an account as a user of the Service, or by otherwise using the Service, you become a “User” (“You” or “User”) and you agree to comply with and be bound by these Terms of Service (this “Agreement”). This Agreement applies both to Users who are individual account holders, as well as Users who sign up to manage family member accounts as a Proxy (see Section 8, below). The Service is provided by Your Pharmacy through its service provider mscripts, LLC (“mscripts”). Your Pharmacy and mscripts are parties to this Agreement, and together Your Pharmacy and mscripts are referred to in this Agreement as “we” or “us”.

WHILE YOU SHOULD READ THE ENTIRE TERMS, PLEASE NOTE IN PARTICULAR:

YOU AGREE THAT WE MAY SEND YOU SMS (TEXT), PUSH, OR EMAIL MESSAGES OR IN-APP NOTIFICATIONS REGARDING HEALTHCARE PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO (I) PRESCRIPTION REMINDERS, REFILL REMINDERS AND AUTO REFILL SERVICES, (II) MEDICATION SYNCHRONIZATION SERVICES, (III) IMMUNIZATION NOTICES, (IV) MEDICATION RECALLS, (V) INFORMATION REGARDING GENERIC MEDICATION LAUNCHES, (VI) NOTICES CONCERNING DISEASE STATEMENT MANAGEMENT PROGRAMS, (VII) MEDICATION ADHERENCE PROGRAMS AND CO-PAY COUPONS; AND (VIII) APP AVAILABILITY MESSAGES. IF YOU DO NOT WISH TO RECEIVE SUCH MESSAGES, DO NOT ENROLL IN OR USE THIS SERVICE.

THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE, IN WHICH YOU AGREE THAT ANY DISPUTES WILL BE DECIDED BY AN ARBITRATOR WITHOUT A COURT OR JURY TRIAL.

You MUST notify mscripts and Your Pharmacy if you change your cellular telephone number or stop using it. If you do not notify us there is a risk that messages meant for you will be sent to the new subscriber to whom your former number is assigned.

You must keep your phone private and secure in order to protect the personal healthcare information that we will send you.

Text and email messages are not encrypted by your telecommunications carrier and so may not be secure, and if you agree to receive them you accept the security and privacy risks involved.

mscripts may change this Agreement at any time by providing you with an email or text message notifying you of the change and its effective date, and providing a link to the changed Agreement; if you continue use of the Service after the effective date of the change, you will be deemed to have agreed to the changed Agreement.

THIS AGREEMENT IS LEGALLY BINDING; PLEASE READ IT CAREFULLY. If you do not agree with this Agreement, you are prohibited from using the Service.

Registration

If you register as a User, you represent and warrant to mscripts that: (a) you are of legal age to form a binding contract; (b) you will provide mscripts with accurate, current and complete registration information; (c) you are the owner or authorized user of the wireless device you use to subscribe for the Service; (d) you are authorized to approve and will be responsible for any applicable charges from your carrier; and, (e) your registration and your use of the Service will comply with all applicable laws.

You are not required to become a User of the Service or enter into this Agreement in order to obtain prescriptions, to purchase products from your pharmacy, or to obtain any other goods or services. If you do not wish to receive these messages, do not register for the Service.

You may cancel mscripts text alerts at any time by texting STOP to 63372 or by replying STOP to any mscripts message.

Ownership of the Service

mscripts is the owner of all right, title and interest, including all proprietary rights, in the Service. All of the software, text, images, marks, logos, and other content used or embodied in the Service (collectively, the “mscripts Materials”) are proprietary to mscripts or to third parties.

The marks “mscripts®”, “mx mscripts™” and other marks associated with the Service are registered or unregistered trademarks of mscripts. This Agreement does not grant to you, and you do not obtain, any right or license in or to any of those marks.

License to Use the Service

mscripts authorizes you to use the Service, and the mscripts Materials embodied therein, solely for your personal, non-commercial purposes in your capacity as a User. You may not remove any copyright, trademark or other proprietary notices that have been placed in the mscripts Materials. Except as expressly permitted by this paragraph, you may not modify, copy, redistribute, republish, upload, post, transmit, or otherwise exploit in any way the Service or the mscripts Materials, or any portion thereof, without the prior written permission of mscripts. Any recompilation, reverse engineering, reverse compiling, disassembly, translation or reduction of the software in the mscripts Materials to human-readable form is prohibited, except to the extent otherwise permitted by applicable local law.

General Restrictions

You will comply with all applicable laws and with mscripts’ published user policies relating to the Service. In connection with your use of the Service, you will not: (a) impersonate any person or entity; (b) forge or manipulate headers to disguise the origin of any communication sent using the Service; (c) damage, impair, interfere with or disrupt the Service or its functionality; or (d) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Service, or which, in mscripts sole judgment, exposes mscripts, mscripts’ affiliated companies, or any officer, director, employee or agent of any of them (collectively, “mscripts Related Parties”), or Your Pharmacy, to any liability or detriment of any type. You will not submit, upload to, or distribute through the Service any material that: (i) is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense; or, (ii) infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party.

mscripts reserves the right to keep records of use of the Service.

Your Security Obligations

By using the Service, you are making your personal information, in the form of your prescription history and activity, viewable on your mobile phone. In order to protect your privacy, you must comply with the following obligations:

You must keep your mobile phone and the information on it secure, including by password protecting your phone.

As a matter of convenience, mscripts allows you to store your App username and password on your phone, but for your own security suggests you do not enable this feature.

Do not share your username or password to the Service with others. You are responsible for all use of the Service through your account.

If you change your cellular telephone number, you must tell mscripts or Your Pharmacy your new number, either through the application hosted at # or by contacting mscripts at henryfordsupport@mscripts.com or (866)-530-6979. Please be aware that if your cellular telephone number is reassigned to a new phone customer, and you have not notified us, messages intended for you may be sent to and seen by someone else. In this case, mscripts and Your Pharmacy are not responsible for messages, and the content of these messages, being shared with someone else.

Do not use the Service with a device that is shared with others, as your health and personal information could be shared with those individuals through the shared device.

When you opt in to receive healthcare email, push and/or SMS (text) messages you are choosing to send and receive personal information on your mobile device via an unsecure channel. Depending upon the configuration option chosen by Your Pharmacy, your prescription messages may show a full or partial drug name or part or all of a prescription number. You may change your user settings to receive reminders and notifications in a different format, such as a prescription number instead of a drug name, by replying P to any message. This is your personal choice. We encourage you to protect your prescription reminder information carefully and to be aware that others may be able to see your prescriptions on your phone. You are responsible for maintaining the privacy of the messages you receive from us.

Minors

We are committed to protecting the privacy of children. The Service is not directed at users under the age of 18. If you are under the age of 18, you are not permitted to register as a User, submit personal information to mscripts, or use the Service.

Proxy Care for Minors and Linking Accounts (As Applicable)

If permitted by Your Pharmacy, Users of the Service are able to add family member accounts, such as accounts for the prescriptions of the User’s children, and to remove family member accounts through a single log in. The family member signup process is identical to that of any new User. If the primary User wishes to manage accounts that have already been created, the primary User may add those Users to their account.

As permitted by Your Pharmacy, a parent or guardian User may use the Service to manage prescriptions for a minor until that minor turns 18. The mscripts account for a minor is referred to as a “Proxy Account.” When a parent or guardian User registers a minor aged 12 to 17 for a Proxy Account, the Service will notify the parent or guardian User that the minor may have the right, under applicable state law, to consent, and asks the parent or guardian User to obtain consent before registering a Proxy Account for the minor. The parent or guardian User must check a box to confirm that he or she obtained such consent from the minor. Under mscripts’ current system, the minor does not give electronic consent to creation of the Proxy Account by using the mscripts Service. If a minor would prefer that his or her Proxy Account be treated as private, and the minor’s request is consistent with the laws of the state in which that pharmacy is located, the minor may request that access to his or her Proxy Account, or to a particular prescription associated with his or her account, be restricted as private. In such a case, the minor may do so by emailing henryfordsupport@mscripts.com or by calling (866)-530-6979.

A parent or guardian is solely responsible for providing supervision of the minor's use of the Service. As a proxy, the parent or guardian assumes full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate. When the minor turns 18, we are required to remove them from the Service. At that time, the user can re-register with the Service independently.

To link one or more family accounts to yours, you will need to request access to his or her prescriptions through our secure process. This includes verification of your family member's email address and information from one of his or her prescriptions. You will walk through three easy steps to help verify your identity and then email a request for permission to your family member.

As a proxy, the parent or guardian accepts the terms and conditions of this Agreement on behalf of the minor, as the minor’s proxy for the use of the Service, and the understanding and agreement that the parent’s or guardian’s relationship with mscripts for the minor’s managed account is governed by these same terms and conditions as the parent’s or guardian’s own account.

Special Terms for Location-Based Services

Location-based services are made possible through technology integrated into many mobile devices. Functions of the Service that provide services based on your current location will not function as intended if location-based services are disabled on your device or not available for any other reason.

By using location-based features of the Service and enabling location-based services, you consent to the transmission of information regarding your current location and the use of that information for the purposes of the Service and waive any privacy-based objection to use of your location.

Even when location-based services are enabled on your mobile device, your device may inaccurately identify your location or make other errors. You use maps and location-based services at your own risk. You realize that you will need to use your own judgment in relying on the information on your mobile device.

Comments and Ideas Submitted to mscripts

mscripts is pleased to hear from you and welcomes your comments about the Service. In the event that you submit ideas or suggestions for the Service (“Service Comments”), the Service Comments will be deemed, and will remain, the sole property of mscripts. None of the Service Comments will be subject to any obligation of confidence on the part of mscripts, and mscripts will not be liable for any use or disclosure of any Service Comments. Without limiting the foregoing, mscripts will be entitled to unrestricted use and other exploitation of the Service Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Service Comments.

Warranty Disclaimers and Limitations of Liability

The Service is a source of information, but it does not provide medical advice nor is it a replacement for the advice of a qualified healthcare professional. The Service is designed to supplement, not replace, the methods you use to obtain medications and fill prescriptions at your pharmacy, and you remain at all times solely responsible, in consultation with your pharmacy and healthcare provider, for managing your medications, your prescriptions and your medical conditions. By agreeing to provide the Service to you, mscripts is not accepting any responsibility for management of your medications or your relationship with your pharmacy or healthcare provider. In no event shall mscripts be liable for any damage or injury, including, without limitation, any death, pain or suffering, psychological or bodily injury, that you suffer, or that you cause to any third party, in connection with your use of the Service or any activity you take or fail to take in connection with your use of the Service. You agree to indemnify and hold harmless mscripts, mscripts Related Parties and Your Pharmacy from and against any and all losses, damages, liabilities, costs and expenses incurred in connection with or arising from your use of the Service.

mscripts and Your Pharmacy will not be liable for any delays or failures in your receipt of any SMS message or other electronic communications scheduled to be delivered by the Service, as delivery is subject to effective transmission from your network operator and processing by your mobile device. Electronic communications sent using the Service are sent using standard text and data protocols and any illegal interception or manipulation of data by a third party will not be the responsibility of mscripts or Your Pharmacy. mscripts and Your Pharmacy are not responsible for any data or SMS charges you may incur from your wireless carrier in connection with the use of the Service, and you shall pay any such charges.

Without limitation of the foregoing, the Service and mscripts Materials are provided in “AS IS” condition, and mscripts, Your Pharmacy, and mscripts Related Parties EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICE OR THE MSCRIPTS MATERIALS WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE OR THE MSCRIPTS MATERIALS, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE MSCRIPTS MATERIALS.

No advice or information, whether oral or written, obtained by you from mscripts, Your Pharmacy, any of mscripts Related Parties or through the Service or mscripts Materials will create any warranty not expressly stated herein.

YOU USE THE SERVICE AT YOUR OWN RISK, AND MSCRIPTS, YOUR PHARMACY, AND MSCRIPTS RELATED PARTIES ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION. IN THE EVENT THAT THE DISCLAIMER IN THE IMMEDIATELY PRECEDING SENTENCE IS NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY FOR ANY DAMAGES WITH RESPECT TO THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO $1 PER USER.

UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM MSCRIPTS, YOUR PHARMACY, OR MSCRIPTS RELATED PARTIES ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF DATA, BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICE OR MSCRIPTS MATERIALS, EVEN IF MSCRIPTS, YOUR PHARMACY, OR MSCRIPTS RELATED PARTIES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Termination and Suspension

mscripts may suspend or terminate your right to use the Service at any time for any reason. The Service is also subject to termination in the event that your wireless service terminates or lapses. Neither mscripts nor Your Pharmacy shall have liability to you with respect to any termination or suspension. mscripts reserves the right to modify the format or features of the Service at any time.

Applicable Law and Jurisdiction

You, mscripts, and Your Pharmacy agree that all matters arising from or relating to the use and operation of the Service will be governed by the substantive laws of the State of Delaware without regard to its conflict of laws principles. You are responsible for your compliance with all local laws, and in no event will you use the Service or mscripts Materials in violation of U.S. export laws or regulations.

Arbitration

Any disputes between you on the one hand, and mscripts, Your Pharmacy, and/or mscripts Related Parties on the other, arising out of or relating to this Agreement, including the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Service, shall be settled by binding arbitration conducted by the American Arbitration Association pursuant to its Commercial Arbitration Rules and Supplemental Procedures for Consumer Related Disputes, except that any party retains the right to bring a claim in small claims court and retains the right to seek injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, or other intellectual property rights. The arbitration shall be conducted by a single arbitrator in San Francisco, California, unless the arbitrator shall determine that such venue is unduly burdensome and that a different venue is more appropriate. The interpretation of this clause and the arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The arbitrator shall not have the power or authority to certify a class or preside over a class, mass, representative, or consolidated proceeding without our written consent. You acknowledge and agree that you hereby waive any right to a jury trial or to participate in a class action. This clause shall inure to the benefit of, and may be invoked by, any of mscripts’ subsidiaries, affiliates, agents, licensees, employees, contractors, participating pharmacies, or indemnitees. This arbitration clause shall survive any termination of this Agreement.

mscripts SMS Terms of Service

The mscripts SMS Terms of Service, available here, are incorporated into and form part of this Agreement.

Non-Discrimination

In accordance with Federal civil rights law mscripts programs do not discriminate based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, or military status.

Miscellaneous Provisions

Neither mscripts nor Your Pharmacy shall be liable, or considered in default, under this Agreement for delays or failures of performance caused by circumstances beyond mscripts’ reasonable control. No delay or omission by mscripts or Your Pharmacy in exercising any rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by mscripts or Your Pharmacy of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you, Your Pharmacy, and mscripts regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You may not transfer, sublicense or assign this Agreement, or any rights hereunder, to any third party. You agree that the electronic text of this Agreement constitutes writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.